Minnesota Supreme Court, 1888

Lemont v. County of Dodge

Lemont v. County of Dodge
Minnesota Supreme Court · Decided November 13, 1888 · Mitchell
39 Minn. 385; 40 N.W. 359; 1888 Minn. LEXIS 133 (Minnesota Reports)

Counsel

C. B. Palmer, for petitioner., Samuel Lord, for respondent.

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Last cited by a Minnesota appellate court in 1951, among the opinions in this site’s citation index.

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Lemont v. County of Dodge

Cases that cite this one

6 later published cases cite this decision.

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Opinion of the Court

Mitchell, J.

It is sought by this writ to review the proceeding? of the county commissioners of Dodge county in forming a new school-district. The action of the commissioners in the premises was purely legislative, and in no sense judicial, and therefore not reviewable by certiorari. In re Wilson, 32 Minn. 145, (19 N. W. Rep. 723.) Unless we are prepared to assume a general supervision over all municipal corporations, boards, commissions, and public officers in the state, this writ must be confined to its legitimate office, which is to review proceedings judicial in their nature, which affect the citizen in his rights of person or property.

Writ quashed.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.